POMS Reference

DI 28005: The CDR Evaluation Process

TN 5 (06-15)

A. DDS adjudicative teams

The DDS adjudicative teams decide medical improvement review standard (MIRS) issues. These teams consist of a medical consultant and examiner, trained in the disability evaluation process. In deciding MIRS issues, the team members have the same responsibilities as when making initial decisions.

B. General continuing disability review (CDR) policies

1. Substantial evidence

Substantial evidence must support any disability determination.

2. Neutral basis and weight of evidence

DDS adjudicative teams:

  1. Make CDR determinations on a neutral basis.

  2. Do not draw any initial inference (as to the presence or absence of disability) from the fact that:

    • the individual was previously found disabled, or

    • a CDR is being conducted.

  3. Decide based on the weight of the evidence.

  4. Do not substitute current judgment for that of the prior adjudicator. Do not re-adjudicate the prior determination or decision.

3. Consider all evidence

Consider all evidence concerning the individual's prior and current impairment(s) (and vocational profile where applicable). Consider:

  1. all evidence already in file, and

  2. any new evidence presented by the individual or secured by the Commissioner. For information on the development of medical evidence, see DI 28030.020.

C. The cessation or continuance determination

To determine whether a continuance or cessation is appropriate, follow the applicable continuing disability review sequential evaluation procedures in DI 28005.015 or DI 28005.030.